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CBP Revokes, Modifies Classification and Origin Rulings

Tuesday, May 15, 2018

Sandler, Travis & Rosenberg Trade Report

The following final revocations and modifications of U.S. Customs and Border Protection rulings are included in the May 9, 2018, Customs Bulletin and Decisions. These changes will be effective with respect to goods entered or withdrawn from warehouse for consumption on or after July 9.

Money Belts. CBP is reclassifying two textile money belts as travel, sports, and similar bags under HTSUS 4202.92.15 (6.3 percent duty) and 4202.92.31 (17.6 percent duty) rather than as articles of a kind normally carried in the pocket or handbag under HTSUS 4202.32.9550 (20 percent duty) or 4202.32.4000 (7.2 percent duty). CBP explains that these items are not designed to be carried inside any other bag or container but instead are designed to fasten around the waist precisely so they can be transported by themselves. Ruling HQ H247531 will revoke ruling NY 868779 and modify ruling NY 871870 to reflect this change.

Decorative Rocks. CBP is reclassifying decorative quartz rocks packed in a plastic net sack as other articles of stone under HTSUS 6815.99.4070 (duty-free) rather than as semi-precious stones temporarily strung together for convenience of transport under HTSUS 7103.99.5000 (10.5 percent duty). CBP explains that these rocks are not used in either jewelry or in clocks or industrial tools and in fact are not of a quality for use in such applications. Ruling HQ H256434 will revoke ruling NY M86055 to reflect this change.

Shoe Charms. CBP is reclassifying molded plastic charms that can be inserted into the holes of a shoe as decorations as imitation jewelry under HTSUS 7117.90.7500 (duty-free) rather than as other articles of plastics under HTSUS 3926.40.0000 (5.3 percent duty). CBP explains that these charms adorn shoes; do not contain any metal, pearls, or stone; and are of the same kind as the articles of jewelry listed in Note 9(a) to Chapter 71. Ruling HQ H278152 will revoke ruling NY N009740 to reflect this change.

Surgical Instruments. CBP is issuing ruling HQ H288252 to modify ruling NY N284181 regarding the preferential tariff treatment eligibility and country of origin of a steel surgical instrument with the trade name “Acufex Disposable Knife.” In that ruling CBP determined that the knives qualified for preferential NAFTA treatment pursuant to General Note 12(b)(i) and that their origin was the U.S. for marking purposes pursuant to 19 CFR 102.19(a). However, CBP has now determined that the knives qualify for such treatment under GN 12(b)(iii), originate from the U.S. for marking purposes pursuant to 19 CFR 102.11(b)(1), and originate from Mexico for customs duty purposes pursuant to 19 CFR 102.19(b).

Hair Snap Clips. CBP is reclassifying metal hair snap clips as combs, hair-slides, and the like under HTSUS 9615.19.6000 (11 percent duty) rather than as hair pins under HTSUS 9615.90.3000 (5.1 percent duty). CBP explains that these items are similar to hair-slides because they both hold hair in place by means of clasps or prongs that open and close. Ruling HQ H248338 will modify ruling NY N096966 to reflect this change.

Orthodontic Brackets. CBP is issuing ruling HQ H274096 to modify ruling NY B89079 concerning the country of origin of orthodontic brackets for marking purposes. These brackets are used as parts of orthodontic braces and are manufactured in the U.S. before being sent to Mexico to be color coded to designate the specific tooth for which the bracket is designed. CBP states that the brackets are an originating good under NAFTA and have been determined to be a good of U.S. origin and that their country of origin for marking purposes is the U.S. This does not change CBP’s determination that because the brackets are advanced in value or improved in condition in Mexico their country of origin for duty purposes is Mexico.

Commemorative Gold Rounds. CBP is reclassifying commemorative gold rounds as goldsmiths’ wares under HTSUS 7114.19.00 (7.9 percent duty) rather than as other articles of gold under HTSUS 7115.90.3000 (3.9 percent duty). CBP explains that these items (a) are similar to medals and medallions in that they are for decorative or ornamental use and (b) have no technical or laboratory use. Ruling HQ H266605 will revoke rulings NY N260757 and NY N260343 to reflect this change.